ORS 659A.885
Civil action


(1)

Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 (Complaints) with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section:

(a)

The judge shall determine the facts in an action under this subsection; and

(b)

Upon any appeal of a judgment in an action under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (3).

(2)

An action may be brought under subsection (1) of this section alleging a violation of:

(a)

ORS 10.090 (Prohibited acts by employers against jurors), 10.092 (Insurance coverage for employee during jury service), 25.337 (Liability), 25.424 (Liability of withholder), 171.120 (Purpose of ORS 171.120 to 171.125), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 408.230 (Veterans’ preference in public employment), 408.237 (Interviews of veteran applicants for public service position required) (2), 475C.285 (Whistleblower protection for employees), 476.574 (Leave of absence for volunteers), 652.020 (Maximum working hours in certain industries), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.060 (Discharging or discriminating against employee prohibited), 653.263 (Overtime for persons employed by seafood processors), 653.265 (Overtime for persons employed in canneries, driers and packing plants), 653.547 (Definitions), 653.549 (Rules), 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.063 (State to continue group health benefits for injured worker and covered dependents), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.088 (Violation of ORS 659A.086 as unlawful employment practice), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.147 (Prohibited conduct), 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions), 659A.194 (Denying leave to employee prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.218 (Disclosure of employee’s name without consent prohibited), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited), 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.277 (Denying leave to employee prohibited), 659A.290 (Prohibited conduct by employer), 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited), 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited), 659A.309 (Discrimination solely because of employment of another family member prohibited), 659A.315 (Restricting use of tobacco in nonworking hours prohibited), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.320 (Discrimination based on information in credit history prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited); or

(b)

ORS 653.470 (Retaliation prohibited), except an action may not be brought for a claim relating to ORS 653.450 (Employee right to input into work schedule).

(3)

In any action under subsection (1) of this section alleging a violation of ORS 25.337 (Liability), 25.424 (Liability of withholder), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.547 (Definitions), 653.549 (Rules), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.290 (Prohibited conduct by employer), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited):

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages;

(b)

At the request of any party, the action shall be tried to a jury;

(c)

Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1); and

(d)

Any attorney fee agreement shall be subject to approval by the court.

(4)

Notwithstanding ORS 31.730 (Standards for award of punitive damages), in an action under subsection (1) of this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex), the court may award punitive damages if:

(a)

It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or

(b)

An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 (Hearing) for a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex).

(5)

In any action under subsection (1) of this section alleging a violation of ORS 653.060 (Discharging or discriminating against employee prohibited) or 659A.147 (Prohibited conduct), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

(6)

In any action under subsection (1) of this section alleging a violation of ORS 171.120 (Purpose of ORS 171.120 to 171.125), 476.574 (Leave of absence for volunteers) or 659A.218 (Disclosure of employee’s name without consent prohibited), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater.

(7)

In any action under subsection (1) of this section alleging a violation of ORS 10.090 (Prohibited acts by employers against jurors) or 10.092 (Insurance coverage for employee during jury service), the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720.

(8)

Any individual against whom any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, if the individual is 18 years of age or older, has been made by any place of public accommodation, as defined in ORS 659A.400 (Place of public accommodation defined), by any employee or person acting on behalf of the place or by any person aiding or abetting the place or person in violation of ORS 659A.406 (Aiding or abetting certain discrimination prohibited) may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection:

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages;

(b)

The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action;

(c)

At the request of any party, the action shall be tried to a jury;

(d)

The court shall award reasonable attorney fees to a prevailing plaintiff;

(e)

The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and

(f)

Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1).

(9)

When the commissioner or the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty:

(a)

In an amount not exceeding $50,000 for a first violation; and

(b)

In an amount not exceeding $100,000 for any subsequent violation.

(10)

In any action under subsection (1) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law, when the commissioner is pursuing the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to the commissioner if the commissioner prevails in the action. The court may award reasonable attorney fees and expert witness fees incurred by a defendant that prevails in the action if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(11)

In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law:

(a)

“Aggrieved person” includes a person who believes that the person:

(A)

Has been injured by an unlawful practice or discriminatory housing practice; or

(B)

Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(b)

An aggrieved person in regard to issues to be determined in an action may intervene as of right in the action. The Attorney General may intervene in the action if the Attorney General certifies that the case is of general public importance. The court may allow an intervenor prevailing party costs and reasonable attorney fees at trial and on appeal. [2001 c.621 §15; 2003 c.521 §5; 2003 c.522 §1; 2003 c.572 §21; 2003 c.603 §7; 2003 c.637 §18; 2005 c.199 §1; 2007 c.100 §12; 2007 c.180 §8; 2007 c.278 §3; 2007 c.280 §1; 2007 c.525 §4; 2007 c.903 §13; 2008 c.36 §16; 2009 c.378 §4; 2009 c.478 §3; 2009 c.524 §3; 2010 c.102 §3; 2011 c.118 §4; 2011 c.484 §3; 2013 c.519 §8; 2015 c.307 §3; 2015 c.434 §4; 2015 c.457 §5; 2015 c.537 §18; 2015 c.614 §166; 2016 c.73 §5; 2017 c.197 §9; 2017 c.685 §12; 2017 c.691 §13; 2019 c.139 §5; 2019 c.343 §7; 2019 c.463 §7; 2019 c.701 §12; 2021 c.367 §44]
Note 1: The amendments to 659A.885 (Civil action) by section 10, chapter 197, Oregon Laws 2017, become operative January 1, 2024. See section 13, chapter 197, Oregon Laws 2017. The text that is operative from January 1, 2024, until January 1, 2025, including amendments by section 6, chapter 139, Oregon Laws 2019, section 8, chapter 343, Oregon Laws 2019, section 8, chapter 463, Oregon Laws 2019, section 13, chapter 701, Oregon Laws 2019 and section 45, chapter 367, Oregon Laws 2021, is set forth for the user’s convenience.
659A.885 (Civil action). (1) Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 (Complaints) with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section:

(a)

The judge shall determine the facts in an action under this subsection; and

(b)

Upon any appeal of a judgment in an action under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (3).

(2)

An action may be brought under subsection (1) of this section alleging a violation of:

(a)

ORS 10.090 (Prohibited acts by employers against jurors), 10.092 (Insurance coverage for employee during jury service), 25.337 (Liability), 25.424 (Liability of withholder), 171.120 (Purpose of ORS 171.120 to 171.125), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 408.230 (Veterans’ preference in public employment), 408.237 (Interviews of veteran applicants for public service position required) (2), 475C.285 (Whistleblower protection for employees), 476.574 (Leave of absence for volunteers), 652.020 (Maximum working hours in certain industries), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.060 (Discharging or discriminating against employee prohibited), 653.263 (Overtime for persons employed by seafood processors), 653.265 (Overtime for persons employed in canneries, driers and packing plants), 653.547 (Definitions), 653.549 (Rules), 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.063 (State to continue group health benefits for injured worker and covered dependents), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.088 (Violation of ORS 659A.086 as unlawful employment practice), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.147 (Prohibited conduct), 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions), 659A.194 (Denying leave to employee prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.218 (Disclosure of employee’s name without consent prohibited), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited), 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.277 (Denying leave to employee prohibited), 659A.290 (Prohibited conduct by employer), 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited), 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited), 659A.309 (Discrimination solely because of employment of another family member prohibited), 659A.315 (Restricting use of tobacco in nonworking hours prohibited), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.320 (Discrimination based on information in credit history prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.357 (Restricting salary history inquiries), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited); or

(b)

ORS 653.470 (Retaliation prohibited), except an action may not be brought for a claim relating to ORS 653.450 (Employee right to input into work schedule).

(3)

In any action under subsection (1) of this section alleging a violation of ORS 25.337 (Liability), 25.424 (Liability of withholder), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.547 (Definitions), 653.549 (Rules), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.290 (Prohibited conduct by employer), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.357 (Restricting salary history inquiries), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited):

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages;

(b)

At the request of any party, the action shall be tried to a jury;

(c)

Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1); and

(d)

Any attorney fee agreement shall be subject to approval by the court.

(4)

Notwithstanding ORS 31.730 (Standards for award of punitive damages), in an action under subsection (1) of this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex), the court may award punitive damages if:

(a)

It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or

(b)

An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 (Hearing) for a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex).

(5)

In any action under subsection (1) of this section alleging a violation of ORS 653.060 (Discharging or discriminating against employee prohibited) or 659A.147 (Prohibited conduct), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

(6)

In any action under subsection (1) of this section alleging a violation of ORS 171.120 (Purpose of ORS 171.120 to 171.125), 476.574 (Leave of absence for volunteers) or 659A.218 (Disclosure of employee’s name without consent prohibited), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater.

(7)

In any action under subsection (1) of this section alleging a violation of ORS 10.090 (Prohibited acts by employers against jurors) or 10.092 (Insurance coverage for employee during jury service), the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720.

(8)

Any individual against whom any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, if the individual is 18 years of age or older, has been made by any place of public accommodation, as defined in ORS 659A.400 (Place of public accommodation defined), by any employee or person acting on behalf of the place or by any person aiding or abetting the place or person in violation of ORS 659A.406 (Aiding or abetting certain discrimination prohibited) may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection:

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages;

(b)

The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action;

(c)

At the request of any party, the action shall be tried to a jury;

(d)

The court shall award reasonable attorney fees to a prevailing plaintiff;

(e)

The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and

(f)

Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1).

(9)

When the commissioner or the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty:

(a)

In an amount not exceeding $50,000 for a first violation; and

(b)

In an amount not exceeding $100,000 for any subsequent violation.

(10)

In any action under subsection (1) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law, when the commissioner is pursuing the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to the commissioner if the commissioner prevails in the action. The court may award reasonable attorney fees and expert witness fees incurred by a defendant that prevails in the action if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(11)

In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law:

(a)

“Aggrieved person” includes a person who believes that the person:

(A)

Has been injured by an unlawful practice or discriminatory housing practice; or

(B)

Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(b)

An aggrieved person in regard to issues to be determined in an action may intervene as of right in the action. The Attorney General may intervene in the action if the Attorney General certifies that the case is of general public importance. The court may allow an intervenor prevailing party costs and reasonable attorney fees at trial and on appeal.
Note 2: The amendments to 659A.885 (Civil action) by section 58, chapter 700, Oregon Laws 2019, become operative January 1, 2025. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021. The text that is operative on and after January 1, 2025, including amendments by section 46, chapter 367, Oregon Laws 2021, is set forth for the user’s convenience.
659A.885 (Civil action). (1) Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 (Complaints) with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section:

(a)

The judge shall determine the facts in an action under this subsection; and

(b)

Upon any appeal of a judgment in an action under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (3).

(2)

An action may be brought under subsection (1) of this section alleging a violation of:

(a)

ORS 10.090 (Prohibited acts by employers against jurors), 10.092 (Insurance coverage for employee during jury service), 25.337 (Liability), 25.424 (Liability of withholder), 171.120 (Purpose of ORS 171.120 to 171.125), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 408.230 (Veterans’ preference in public employment), 408.237 (Interviews of veteran applicants for public service position required) (2), 475C.285 (Whistleblower protection for employees), 476.574 (Leave of absence for volunteers), 652.020 (Maximum working hours in certain industries), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.060 (Discharging or discriminating against employee prohibited), 653.263 (Overtime for persons employed by seafood processors), 653.265 (Overtime for persons employed in canneries, driers and packing plants), 653.547 (Definitions), 653.549 (Rules), 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption), 657B.060 (Job protection) and 657B.070 (Denying leave), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.063 (State to continue group health benefits for injured worker and covered dependents), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.088 (Violation of ORS 659A.086 as unlawful employment practice), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.147 (Prohibited conduct), 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions), 659A.194 (Denying leave to employee prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.218 (Disclosure of employee’s name without consent prohibited), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited), 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.277 (Denying leave to employee prohibited), 659A.290 (Prohibited conduct by employer), 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited), 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited), 659A.309 (Discrimination solely because of employment of another family member prohibited), 659A.315 (Restricting use of tobacco in nonworking hours prohibited), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.320 (Discrimination based on information in credit history prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.357 (Restricting salary history inquiries), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited); or

(b)

ORS 653.470 (Retaliation prohibited), except an action may not be brought for a claim relating to ORS 653.450 (Employee right to input into work schedule).

(3)

In any action under subsection (1) of this section alleging a violation of ORS 25.337 (Liability), 25.424 (Liability of withholder), 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 652.220 (Prohibition of discriminatory wage rates based on sex), 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours), 653.547 (Definitions), 653.549 (Rules), 657B.060 (Job protection) and 657B.070 (Denying leave), 659.852 (Retaliation against student prohibited), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited), 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position), 659A.046 (Reemployment of injured worker in other available and suitable work), 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.199 (Prohibited conduct by employer), 659A.203 (Prohibited conduct by public or nonprofit employer), 659A.228 (Discrimination for reporting violation of election laws prohibited), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing), 659A.290 (Prohibited conduct by employer), 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited), 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited), 659A.355 (Discrimination based on wage inquiry or wage complaint), 659A.357 (Restricting salary history inquiries), 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited):

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages;

(b)

At the request of any party, the action shall be tried to a jury;

(c)

Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1); and

(d)

Any attorney fee agreement shall be subject to approval by the court.

(4)

Notwithstanding ORS 31.730 (Standards for award of punitive damages), in an action under subsection (1) of this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex), the court may award punitive damages if:

(a)

It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or

(b)

An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 (Hearing) for a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex).

(5)

In any action under subsection (1) of this section alleging a violation of ORS 653.060 (Discharging or discriminating against employee prohibited) or 659A.147 (Prohibited conduct), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

(6)

In any action under subsection (1) of this section alleging a violation of ORS 171.120 (Purpose of ORS 171.120 to 171.125), 476.574 (Leave of absence for volunteers) or 659A.218 (Disclosure of employee’s name without consent prohibited), the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater.

(7)

In any action under subsection (1) of this section alleging a violation of ORS 10.090 (Prohibited acts by employers against jurors) or 10.092 (Insurance coverage for employee during jury service), the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720.

(8)

Any individual against whom any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, if the individual is 18 years of age or older, has been made by any place of public accommodation, as defined in ORS 659A.400 (Place of public accommodation defined), by any employee or person acting on behalf of the place or by any person aiding or abetting the place or person in violation of ORS 659A.406 (Aiding or abetting certain discrimination prohibited) may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection:

(a)

The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages;

(b)

The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action;

(c)

At the request of any party, the action shall be tried to a jury;

(d)

The court shall award reasonable attorney fees to a prevailing plaintiff;

(e)

The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and

(f)

Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1).

(9)

When the commissioner or the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty:

(a)

In an amount not exceeding $50,000 for a first violation; and

(b)

In an amount not exceeding $100,000 for any subsequent violation.

(10)

In any action under subsection (1) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law, when the commissioner is pursuing the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to the commissioner if the commissioner prevails in the action. The court may award reasonable attorney fees and expert witness fees incurred by a defendant that prevails in the action if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(11)

In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law:

(a)

“Aggrieved person” includes a person who believes that the person:

(A)

Has been injured by an unlawful practice or discriminatory housing practice; or

(B)

Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(b)

An aggrieved person in regard to issues to be determined in an action may intervene as of right in the action. The Attorney General may intervene in the action if the Attorney General certifies that the case is of general public importance. The court may allow an intervenor prevailing party costs and reasonable attorney fees at trial and on appeal.

Source: Section 659A.885 — Civil action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html.

Notes of Decisions

Under former similar statute (ORS 659.121)

Since actions brought under this section are equitable in nature, Article I, section 17 of Oregon Constitution, does not require jury trial. Wincer v. Ind. Paper Stock Co., 48 Or App 859, 618 P2d 15 (1980)

Where telephone company discharged compensably injured employe, she was entitled to bring suit for injunctive relief and was not limited to or required to exhaust remedies provided by collective bargaining agreement. Vaughn v. Pacific Northwest Bell Telephone, 289 Or 73, 611 P2d 281 (1980)

Prevailing defendant in action pursuant to this section is entitled to award of attorney fees only if claim is brought in bad faith, is unreasonable or groundless or if plaintiff persists in litigating claim after it becomes evident claim is unreasonable or unfounded. Dobie v. Liberty Homes, 53 Or App 366, 632 P2d 449 (1981); Turnbow v. K.E. Enterprises, Inc., 155 Or App 59, 962 P2d 764 (1998)

This section does not abrogate common law tort of wrongful discharge. Holien v. Sears, Roebuck and Co., 66 Or App 911, 677 P2d 704, aff’d 298 Or 76, 689 P2d 1292 (1984); Carlson v. Crater Lake Lumber Co., 103 Or App 190, 796 P2d 1216 (1990), as modified by 105 Or App 314, 804 P2d 511 (1991)

When plaintiff seeks equitable relief of reinstatement, impossibility of reinstatement is affirmative defense and burden of establishing it rests on employer. Millsap v. Eugene Care Center, 68 Or App 223, 682 P2d 795 (1984), Sup Ct review denied

On establishment in Oregon discrimination actions of prima facie case, burden does not shift from plaintiff where issue is simply whether plaintiff’s allegation or employer’s denial of discrimination is correct. Callan v. Confed. of Oreg. Sch. Adm., 79 Or App 73, 717 P2d 1252 (1986). But see Livingston v. Fred Meyer Stores, Inc., 567 F. Supp. 2d 1265 (D. Or. 2008)

In civil action pursuant to this section, evidence of employe’s abilities to perform work duties at time of discharge is admissible even though information was not unavailable to employer at time of discharge. Brown v. City of Portland, 80 Or App 464, 722 P2d 1282 (1986), Sup Ct review denied

In case brought pursuant to this section, plaintiff’s failure to include in prayer request for injunction did not mean that he had failed to allege facts sufficient to state claim. Davis v. Surcamp, 86 Or App 310, 738 P2d 1006 (1987)

In action brought under this section, court properly did not limit attorney fees on basis of contingency fee agreement, but determined independently that amount it assessed was reasonable. Cook v. Coos-Curry Electric Cooperative, Inc., 86 Or App 600, 740 P2d 201 (1987)

Discrimination statute does not preempt tort of intentional infliction of emotional distress. Palmer v. Bi-Mart Company, 92 Or App 470, 758 P2d 888 (1988)

Definition of “tort” contained in ORS 30.260 applied to claim under this section and plaintiff was required to plead notice under Oregon Tort Claims Act. Brinkley v. Oregon Health Sciences University, 94 Or App 531, 766 P2d 1045 (1988), Sup Ct review denied

Exclusivity provision of ORS 656.018 does not apply to employment discrimination injuries. Seitz v. Albina Human Resources Center, 100 Or App 665, 788 P2d 1004 (1990)

Multiple family members allegedly fired in retaliation for one family member’s behavior have no derivative wrongful discharge claim. Carlson v. Crater Lake Lumber Co., 103 Or App 190, 796 P2d 1216 (1990), as modified by 105 Or App 314, 804 P2d 511 (1991)

This provision provides adequate remedies and excludes common law remedies. Farrimond v. Louisiana-Pacific Corp., 103 Or App 563, 798 P2d 697 (1990)

Where one of three claims brought pursuant to this provision is still pending in trial court, trial court must deny request for attorney fees. Farrimond v. Louisiana-Pacific Corp., 103 Or App 563, 798 P2d 697 (1990)

Unlawful employment practices claim by employee alleging racial discrimination and one year statute of limitations began to accrue on date employee was denied promotion, since harm occurs whether or not position is ever filled by another person. Cortez v. State of Oregon, 121 Or App 602, 855 P2d 1154 (1993), Sup Ct review denied

Plaintiff’s ability to bring wrongful discharge action based on resistance to discrimination does not depend on form of discrimination. Goodlette v. LTM, Inc., 128 Or App 62, 874 P2d 1354 (1994)

Victim is not required to prove reasonable effort was made to resolve conflict in order to obtain injunctive relief. Ballinger v. Klamath Pacific Corp., 135 Or App 438, 898 P2d 232 (1995), Sup Ct review denied

At-will employee may claim for loss of future earnings and fringe benefits as part of compensatory damages. Wooton v. Viking Distributing Co., Inc., 136 Or App 56, 899 P2d 1219 (1995), Sup Ct review denied; Tadsen v. Praegitzer Industries, Inc., 136 Or App 247, 902 P2d 586 (1995), aff’d 324 Or 465, 928 P2d 980 (1996)

Oregon Tort Claims Act precludes award of punitive damages for unlawful employment practice by government body. Faro v. Highway Division, 143 Or App 388, 923 P2d 1298 (1996), modified144 Or App 399, 927 P2d 623 (1996), aff’d 326 Or 317, 951 P2d 716 (1998)

“Occurrence” commencing running of statute of limitations is unlawful conduct or practice, not discovery by employee. Huff v. Great Western Seed Co., 322 Or 457, 909 P2d 858 (1996)

Standard of proof for damages in claim of future lost pay and benefits is reasonable probability. Tadsen v. Praegitzer Industries, Inc., 324 Or 465, 928 P2d 980 (1996)

Compensatory damages for front or back pay are not recoverable against coworkers. Schram v. Albertson’s, Inc., 146 Or App 415, 934 P2d 483 (1997)

This section, in pari materia with ORS 20.075, permits court to adopt discretionary rule that awards attorney fees to defendant in unlawful employment action only if action is frivolous. McCarthy v. Oregon Freeze Dry, Inc., 327 Or 84, 957 P2d 1200 (1998), clarified 327 Or 185, 957 P2d 1200 (1998)

To qualify as prevailing party, plaintiff must succeed on significant issue that achieves at least some of benefit plaintiff sought in bringing suit. Siverly v. Young and Morgan Trucking Co., 172 Or App 282, 17 P3d 579 (2001)

In determining whether plaintiff’s claim was frivolous, unreasonable or without foundation, so as to justify award of attorney fees, court may give consideration both to merits of claim and to procedural or substantive developments during litigation. McCarthy v. Oregon Freeze Dry, Inc., 334 Or 77, 46 P3d 721 (2002)

Amount of award for violation of whistleblower law (ORS 659A.203) by governmental entity is subject to Oregon Tort Claims Act limit on liability in [former] ORS 30.270. Rabkin v. Oregon Health Sciences University, 350 F3d 967 (9th Cir. 2003)

In general

Prevailing defendant may recover attorney fees only if plaintiff brought claim in bad faith or if claim was unfounded or unreasonable. Chase v. Vernam, 199 Or App 129, 110 P3d 128 (2005)

Plaintiff’s claim is not unfounded or unreasonable if, viewed in light most favorable to plaintiff, plaintiff presented evidence that, if believed, could reasonably lead factfinder to find that elements necessary to constitute claim had been established. Chase v. Vernam, 199 Or App 129, 110 P3d 128 (2005)

Where action is adjudicated in federal court, after plaintiff establishes prima facie case for Oregon discrimination action, burden of proof shifts to defendant to establish legitimate, nondiscriminatory reason for adverse employment action. Livingston v. Fred Meyer Stores, Inc., 567 F. Supp. 2d 1265 (D. Or. 2008)

Law Review Citations

Under former similar statute (ORS 659.121)

19 WLR 67 (1983); 31 WLR 179 (1995)

659A.001
Definitions
659A.003
Purpose of ORS chapter 659A
659A.004
Short title
659A.006
Declaration of policy against unlawful discrimination
659A.009
Declaration of policy against discrimination in employment because of age
659A.012
State agencies to carry out policy against discrimination in employment
659A.015
Affirmative action reports to include information on contracts to minority businesses
659A.029
“Because of sex” defined for ORS 659A.030
659A.030
Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited
659A.033
Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices
659A.036
Short title
659A.040
Discrimination against worker applying for workers’ compensation benefits prohibited
659A.043
Reinstatement of injured worker to former position
659A.046
Reemployment of injured worker in other available and suitable work
659A.049
Rights of reinstatement and reemployment protected
659A.052
Reemployment rights of injured state workers
659A.060
Definitions for ORS 659A.060 to 659A.069
659A.063
State to continue group health benefits for injured worker and covered dependents
659A.066
Worker may continue benefits after employer’s obligation ends
659A.069
Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited
659A.082
Discrimination against person for service in uniformed service prohibited
659A.086
Employment rights of members of organized militia when called into active state service
659A.088
Violation of ORS 659A.086 as unlawful employment practice
659A.089
Notification to Director of Veterans’ Affairs
659A.090
Definitions for ORS 659A.090 to 659A.099
659A.093
Employer required to provide leave
659A.096
Denial of leave, retaliation and discrimination prohibited
659A.099
Short title
659A.103
Policy
659A.104
Description of disability for purposes of ORS 659A.103 to 659A.145
659A.106
Employers to whom ORS 659A.112 to 659A.139 apply
659A.109
Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited
659A.112
Employment discrimination
659A.115
Qualification for position
659A.118
Reasonable accommodation
659A.121
Undue hardship
659A.122
Definitions for ORS 659A.124, 659A.127 and 659A.130
659A.124
Illegal use of drugs
659A.127
Permitted employer action
659A.130
Conditions that do not constitute impairment
659A.133
Medical examinations and inquiries of job applicants
659A.136
Medical examinations and inquiries of employees
659A.139
Construction of ORS 659A.103 to 659A.145
659A.141
Damages recoverable for harm or theft of assistance animal
659A.142
Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited
659A.143
Assistance animals
659A.144
Required accommodations in transient lodging
659A.145
Discrimination against individual with disability in real property transactions prohibited
659A.146
Reasonable accommodation
659A.147
Prohibited conduct
659A.148
Employers to whom provisions relating to reasonable accommodation apply
659A.150
Definitions for ORS 659A.150 to 659A.186
659A.153
Covered employers
659A.156
Eligible employees
659A.159
Purposes for which family leave may be taken
659A.162
Length of leave
659A.165
Notice to employer
659A.168
Medical verification and scheduling of treatment
659A.171
Job protection
659A.174
Use of paid leave
659A.177
Special rules for teachers
659A.180
Postings by employer
659A.183
Denying family leave to eligible employee prohibited
659A.186
Exclusivity of provisions
659A.190
Definitions for ORS 659A.190 to 659A.198
659A.192
Leave to attend criminal proceeding
659A.194
Denying leave to employee prohibited
659A.196
Notice to employer
659A.198
Use of paid leave
659A.199
Prohibited conduct by employer
659A.200
Definitions for ORS 659A.200 to 659A.224
659A.203
Prohibited conduct by public or nonprofit employer
659A.206
Effects of ORS 659A.200 to 659A.224 on employees
659A.209
Effect on public record disclosures
659A.210
Affirmative defense
659A.212
Policy on cooperation with law enforcement officials
659A.215
Remedies not exclusive
659A.218
Disclosure of employee’s name without consent prohibited
659A.219
Uniform standards and procedures manual for implementation of Whistleblower Law
659A.220
Bureau of Labor and Industries to collect and compile information relating to disclosures
659A.221
Uniform application to all public employers
659A.224
Short title
659A.228
Discrimination for reporting violation of election laws prohibited
659A.230
Discrimination for initiating or aiding in criminal or civil proceedings prohibited
659A.233
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited
659A.236
Discrimination for testifying before Legislative Assembly, committee or task force prohibited
659A.250
Definitions for ORS 659A.250 to 659A.262
659A.253
Restriction of access to employee housing owned or controlled by employer prohibited
659A.256
Regulations by employers concerning use and occupancy of employee housing
659A.259
Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited
659A.262
Warrant on behalf of person entitled to access to housing
659A.270
Definitions for ORS 659A.270 to 659A.285
659A.272
Employer required to provide leave
659A.275
Undue hardship
659A.277
Denying leave to employee prohibited
659A.279
Required posting of summaries of statutes and rules
659A.280
Notice to employer
659A.283
Paid leave for public employees
659A.285
Use of paid leave
659A.290
Prohibited conduct by employer
659A.300
Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited
659A.303
Employer prohibited from obtaining, seeking to obtain or using genetic information
659A.306
Requiring employee to pay for medical examination as condition of continued employment prohibited
659A.309
Discrimination solely because of employment of another family member prohibited
659A.312
Leave of absence to donate bone marrow
659A.315
Restricting use of tobacco in nonworking hours prohibited
659A.318
Discrimination relating to academic degree in theology or religious occupations prohibited
659A.320
Discrimination based on information in credit history prohibited
659A.321
Seniority systems and benefit plans not unlawful employment practices
659A.330
Employee social media account privacy
659A.340
Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited
659A.343
Discrimination based on individual’s presentation of identification other than Real ID prohibited
659A.347
Discrimination related to possession of valid driver license
659A.350
Interns
659A.355
Discrimination based on wage inquiry or wage complaint
659A.357
Restricting salary history inquiries
659A.360
Restricting criminal conviction inquiries
659A.362
Enforcement
659A.370
Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct
659A.375
Employer policies relating to prevention of discrimination and sexual assault
659A.380
When severance or separation agreements are voidable by employer
659A.400
Place of public accommodation defined
659A.403
Discrimination in place of public accommodation prohibited
659A.406
Aiding or abetting certain discrimination prohibited
659A.409
Notice that discrimination will be made in place of public accommodation prohibited
659A.411
Definitions for ORS 659A.411 to 659A.415
659A.413
Denial of access prohibited
659A.415
Liability for damages
659A.417
Violation of ORS 659A.413
659A.421
Discrimination in selling, renting or leasing real property prohibited
659A.425
Violation based on facially neutral housing policy
659A.550
Discrimination because of employment status prohibited
659A.800
Elimination and prevention of discrimination by Bureau of Labor and Industries
659A.805
Rules for carrying out ORS chapter 659A
659A.810
Willful interference with administration of law and violation of orders of commissioner prohibited
659A.815
Advisory agencies and intergroup-relations councils
659A.820
Complaints
659A.825
Complaints filed by Attorney General or commissioner
659A.830
Authority of commissioner
659A.835
Investigation
659A.840
Settlement
659A.845
Formal charges
659A.850
Hearing
659A.855
Civil penalty for certain complaints filed by commissioner
659A.860
Settlement agreements and orders
659A.865
Retaliatory action prohibited
659A.870
Election of remedies
659A.875
Time limitations
659A.880
Ninety-day notice
659A.885
Civil action
659A.890
Civil action for violation of ORS 659A.865
659A.990
Penalties
Green check means up to date. Up to date